Buttz v. James
North Dakota Supreme Court
Appeal from the District Court of Benson County, Cowan, J. Action to set aside a conveyance of real estate as an unlawful preference under the Federal bankruptcy act. Judgment for defendant. Plaintiff appeals. Statement of facts by Bruce, J. This is an action brought by the trustee of a bankrupt estate to set aside a conveyance of some 520 acres of land which was made by the debtor in bankruptcy, and to recover the same for the creditors of the estate.
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Appeal from the District Court of Benson County, Cowan, J. Action to set aside a conveyance of real estate as an unlawful preference under the Federal bankruptcy act. Judgment for defendant. Plaintiff appeals. Statement of facts by Bruce, J. This is an action brought by the trustee of a bankrupt estate to set aside a conveyance of some 520 acres of land which was made by the debtor in bankruptcy, and to recover the same for the creditors of the estate. The plaintiff alleges that the petition in bankruptcy was filed by the debtor on the 27th day of August, 1908, and that: (3) “As the plaintiff…
1Opinion of the CourtBruce, J.
(after stating the facts as above). The main question for determination in this case is whether the proof shows an unlawful preference-under § 60a of the national bankruptcy act, and, as incident thereto, whether a deed which is executed more than four months prior to the filing of a petition in bankruptcy but which is not recorded until a date which comes within such four months’ period, is an unlawful preference under the provisions of § 60a of the national bankruptcy act.
In the case at bar the deed was dated and delivered on April 6, 1908, but was not recorded until July, 1908. The…
2Cases cited7 opinions
- Meyer Bros. Drug Co. v. Pipkin Drug Co.Court of Appeals for the Fifth Circuit · 1905
- Benner v. Scandinavian American BankWashington Supreme Court · 1913
- Leonard v. FlemingNorth Dakota Supreme Court · 1905
- In re HuntDistrict Court, N.D. New York · 1905
- Mott v. HolbrookNorth Dakota Supreme Court · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Grandin v. GardinerNorth Dakota Supreme Court · 1954
- In Re WeissmanCourt of Appeals for the Second Circuit · 1927
- Hart v. CastertonNorth Dakota Supreme Court · 1928
- Burdick v. Farmers' Mercantile Co.North Dakota Supreme Court · 1921